Understanding Timelines Set By BNSS (New CrPC) For Investigation, Trial Procedure, Judgment Etc

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which seeks to replace the Code of Criminal Procedure, 1973, has prescribed strict timelines for several procedures for speedy trial. This includes submission of reports, qua examination of rape victims, by the medical practitioners, and pronouncing of judgments within stipulated timelines.Timeline For Preliminary Enquiry before FIRSection 173(3) of BNSS has given statutory recognition to preliminary enquiry for cases punishable with three years or more but less than seven years. Pertinently, the enquiry shall be carried out within a period of fourteen days in cases where there exists a prima facie case. However, in cases where the prima facie case already exists, the officer is required to proceed with the investigation.For convenience, Section 173(3) reads as:“(3) Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer in charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,-(i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or(ii) proceed with investigation when there exists a prima facie case.” Timeline For Submission Of Medical Report Examining Rape Victims As per Section 184 of the BNSS, it is being proposed that the woman against whom rape is alleged or attempted to have been committed or attempted will be examined by a registered medical practitioner. Accordingly, such a woman shall be sent to such registered medical practitioner within twenty-four hours of receiving the information of such an offence. Following this, an examination shall be conducted, and within a period of seven days, the medical practitioner shall forward the report to the investigating officer. Section 184(6), which prescribes the timeline reads as: “(6) The registered medical practitioner shall, within a period of seven days forward the report to the investigating officer who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section.” Timeline For Supply of Relevant Documents To The Victim And The Accused In cases instituted on a police report, Section 230 of the BNS prescribes fourteen days for the supply of relevant documents to the accused as well as to the victim. These fourteen days shall commence for the date of production or appearance of the accused. At the outset, the Section states: “230. In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate) free of cost, a copy of each of the following: …” Timeline for Framing of Charges and Filing Discharge Application In order to ensure prompt trial and minimize delays, a sixty-day timeline has been given for framing the charges. This period will be counted from the first hearing on charge. While Section 251 prescribes this timeline for trial in session cases, Section 263 is for warrant cases. For convenience, Section 251(b) reads as: "251. (1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which- (b) is exclusively triable by the Court, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge…" Similarly, a sixty-day window has been prescribed for filling out the discharge application by the accused. Section 250 mandates the same for sessions cases and Section 262 for warrant cases. The relevant portions of these Sections are reproduced below: “250. (1) The accused may prefer an application for discharge within a period of sixty days from the date of commitment of the case under section 232….” “262. (1) The accused may prefer an application for discharge within a period of sixty days from the date of supply of copies of documents under section 230….”Timeline For Pronouncing Judgment In A Criminal Trial Section 258 of the BNSS prescribes that a judge, after hearing the arguments, shall give its verdict within a period of thirty days (extendable up to 45 days). For convenience, the concerned portion of the provision reads as:“258. (1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date of completion of arguments, which may be extended to a period of...

Understanding Timelines Set By BNSS (New CrPC) For Investigation, Trial Procedure, Judgment Etc

Gyanvi Khanna

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